HomeMy WebLinkAboutMay 8, 2024Committee of Adjustment Hearing Minutes Wednesday, May 8, 2024 7:00 pm Electronic Hearing
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Present
Omar Ha-Redeye Denise Rundle – Vice-Chair
Sakshi Sood Joshi Rick Van Andel Sean Wiley – Chair
Also Present
Cody Morrison, Secretary-Treasurer
Jasmine Correia, Assistant Secretary-Treasurer Kerry Yelk, Planner I – Host Ziya Cao, Planner I
Absent
Not applicable.
1. Disclosure of Interest
No disclosures of interest were noted.
2. Adoption of Agenda
Moved by Omar Ha-Redeye Seconded by Sakshi Sood Joshi
That the agenda for the Wednesday, May 8, 2024 hearing be adopted.
Carried Unanimously
3. Adoption of Minutes
Moved by Rick Van Andel Seconded by Omar Ha-Redeye
That the minutes of the 4th hearing of the Committee of Adjustment held Wednesday, April 10, 2024 be adopted.
Carried Unanimously
Committee of Adjustment Hearing Minutes Wednesday, May 8, 2024 7:00 pm Electronic Hearing
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4. Reports
4.1 MV 20/24 A. Bronkhorst & S. Smith
679 Front Road
The applicant requests relief from Zoning By-law 2511, as amended by By-laws
7610/18, 7872/21, 7873/21, and 7900/22, to permit:
• a maximum front yard setback of 17.9 metres, whereas the By-law permits a maximum front yard setback of 10.8 metres;
• a maximum dwelling depth of 27.0 metres, whereas the By-law permits a maximum
dwelling depth of 20.0 metres for a lot with a depth greater than 40.0 metres; and
• a maximum dwelling height of 10.7 metres, whereas the By-law permits a maximum dwelling height of 9.0 metres.
The applicant requests approval of this minor variance application in order to obtain a
building permit for the construction of a three-storey detached dwelling.
Input from other sources were received from the Applicant, City’s Engineering Services, City’s Building Services Section and one area resident.
In support of the application, the applicant identified the following:
• Building height: the additional height is required to construct the 3-storey dwelling and 3 storeys are required to provide adequate living space due to the narrow lot. Included in the height restriction is the roof guard, the guards are required for the owner’s access to the roof. In comparison to the property to the north, the proposed
height to the parapet for the proposed dwelling is lower than adjacent dwelling to the
north by 4” (0.11m); noting that both the proposed and adjacent houses have flat roofs.
• Front yard setback: The Infill By-Law has minimum and maximum setback requirements, for this application, the minimum is 8.8m and the maximum is 10.8m;
the minimum setback has been satisfied (to the upper-level balcony edge); the maximum setback is exceeded at the ground floor level, due to the unique cantilever design having the 2 upper floors cantilevered over the ground floor.
• Building depth: Due to the narrow lot width and the linear design of the house, the
additional building depth is necessary to provide sufficient living space.
Peter Pomeroy and Carlos Newton, agents, were present to represent the application. No further representation was present in favour of or in objection to the application.
Committee of Adjustment Hearing Minutes Wednesday, May 8, 2024 7:00 pm Electronic Hearing
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The agents commented that they received verbal support from the neighbours. The variances are a result of the narrow lot width. They do not anticipate any impact from shadowing due to the structure.
A Committee member commented that the proposed dwelling does not seem proportionate to the lot size.
Moved by Rick Van Andel Seconded by Sakshi Sood Joshi
That application MV 20/24 by A. Bronkhorst & S. Smith, be Approved on the grounds
that the requested variances are minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and Zoning By-law, subject to the following condition:
1. That the variances applies only to the proposed development, as generally sited, and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4, 5, 6, 7, 8,
9 & 10 contained in the staff report to the Committee of Adjustment, dated May 8, 2024).
Carried
Vote:
Omar Ha-Redeye opposed
Denise Rundle opposed Sakshi Sood Joshi in favour Rick Van Andel in favour Sean Wiley in favour
4.2 MV 22/24
Delta Property Holdings Inc. 975 Dillingham Road
The applicant requests relief from Zoning By-law 2511, as amended by By-law 5502/99:
• to permit a maximum gross leaseable floor area of 2390 square metres for any bingo facility, whereas the By-law requires that the gross leaseable floor area of any bingo facility shall not exceed 1740 square metres;
• to recognize a maximum gross leaseable floor area of 1007 square metres for any office use, whereas the By-law requires that the gross leaseable floor area of any office use shall not exceed 950 square metres; and
Committee of Adjustment Hearing Minutes Wednesday, May 8, 2024 7:00 pm Electronic Hearing
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• to recognize side yard parking no closer than 3.5 metres from the north side lot line and 1.5 metres from the south side lot line, whereas the By-law states that side
yard parking shall only be permitted no closer than 7.5 metres from the side lot line
on one side and 1.5 metres on the other side.
The applicant requests approval of this minor variance application in order to recognize an existing parking area setback and office uses, and to permit the enlargement of an existing bingo facility.
Jessica Baker, applicant, was present to represent the application. No further
representation was present in favour of or in objection to the application.
Moved by Rick Van Andel Seconded by Omar Ha-Redeye
That application MV 22/24 by Delta Property Holdings Inc., be Deferred to the June 12,
2024 Committee of Adjustment Hearing in order for the applicant to prepare and submit
a Parking Justification Study, to the satisfaction of the City, in support the requested variances.
Carried Unanimously
4.3 MV 23/24
M. Baha & M. Attaie
1990 Guild Road
The applicant requests relief from Zoning By-law 3036, as amended, to:
• recognize a minimum lot frontage of 15.4 metres, whereas the By-law requires a minimum lot frontage of 18.0 metres; and
• permit a minimum north side yard and south side yard of 1.5 metres, whereas the
By-law states that where a garage is erected as part of a detached dwelling, the minimum required side yard shall be 1.8 metres.
The applicant requests approval of this minor variance application to obtain a building permit for the construction of a two-storey detached dwelling.
Input from other sources were received from the Applicant, City’s Engineering Services,
and City’s Building Services Section.
In support of the application, the applicant identified that the frontage is to maintain an existing lot frontage as well as side yard setbacks.
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Maihan Attaie, applicant, and Jonathan Benczkowski, agent, were present to represent the application. No further representation was present in favour of or in objection to the application.
Committee member noted the Hydro lands located behind the property.
Moved by Omar Ha-Redeye Seconded by Denise Rundle
That application MV 23/24 by M. Baha & M. Attaie, be Approved on the grounds that the requested variances are minor in nature, desirable for the appropriate development
of the land, and in keeping with the general intent and purpose of the Official Plan and Zoning By-law, subject to the following condition:
1. That these variances apply only to the proposed detached dwelling, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4, 5 & 6 contained in the staff report to the Committee of Adjustment, dated May 8, 2024).
Carried Unanimously
4.4 MV 24/24 PTC Ownership Inc. 1355 Kingston Road (Blocks 1 and 3 within Draft Approved Plan of Subdivision SP-2021-02)
The applicant requests relief from Zoning By-law 7553/17, as amended by By-law 7981/23, to permit balconies to project beyond the main wall no less than 5.0 metres in height above grade along any street line with required Active At Grade Frontages,
whereas the By-law states that balconies are not permitted to project beyond the main wall less than 10.5 metres in height above grade along any street line with required Active At Grade Frontages.
The applicant requests approval of this minor variance application to facilitate Site Plan Approval (S 10/23) for four mixed-use towers ranging in height between 40 and 55
storeys, on Blocks 1 and 3 within Draft Approved Plan of Subdivision SP-2021-02.
Input from other sources were received from the Applicant, City’s Engineering Services, and City’s Building Services Section.
In support of the application, the applicant submitted a Planning Justification Report.
Daniel Oliviera, agent, was present to represent the application. No further
representation was present in favour of or in objection to the application.
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In response to questions from Committee members the applicant commented that the towers in question have at grade frontages, which is not in compliance with the current By-law.
The agent made a brief presentation exhibiting the design concept.
Moved by Omar Ha-Redeye Seconded by Denise Rundle
That application MV 24/24 by PTC Ownership Inc., be Approved on the grounds that the requested variance is minor in nature, desirable for the appropriate development of
the land, and in keeping with the general intent and purpose of the Official Plan and Zoning By-law, subject to the following conditions:
1. That this variance applies only to Towers 2, 3 and 4 on Blocks 1 and 3 within Draft Approved Plan of Subdivision SP-2021-02 (refer to Exhibits 2, 3 & 4 contained in the staff report to the Committee of Adjustment, dated May 8, 2024).
2. That the applicant shall obtain final approval of Site Plan Application S 10/23 or this decision shall become null and void.
Carried Unanimously
5. Consent Reports
5.1 (Tabled at the May 9, 2022 Region of Durham Land Division Committee)
LD 047/2022 A. & W. Choudhury 681 Pleasant Street
Moved by Denise Rundle Seconded by Rick Van Andel
That application LD 047/2022 be lifted from the Table.
Carried Unanimously
The purpose of the application is to sever a 505.11 square metre parcel of land (Part 2),
retaining a 505.21 square metre parcel of land (Part 1).
The effect of the application is to create one additional residential lot, any existing buildings and structures on the subject lands are proposed to be removed.
Jonathan Benczkowski, agent, was present to represent the application. No further
representation was present in favour of or in objection to the application.
Committee of Adjustment Hearing Minutes Wednesday, May 8, 2024 7:00 pm Electronic Hearing
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The agent commented that the property is not a listed or designated heritage property. The property is on a heritage list that is not available to the public. They are looking to complete a Heritage Impact Assessment to evaluate the status of the house.
In response to a question from a Committee member the agent clarified that he had recently been retained by the applicant for this proposal and that he requires a bit of time to complete the heritage assessment in order to gain adequate information prior to proceeding with variance applications, and for the consent application to proceed.
Moved by Denise Rundle
Seconded by Sakshi Sood Joshi
That application LD 047/2022 by A. & W. Choudhury, be Tabled for a period not exceeding one year, until such time that the applicant obtains approval of minor variances to permit the reduced lot frontage of the proposed retained and severed parcels and provides a Heritage Impact Assessment, to the satisfaction of City.
Carried Unanimously
5.2 (Deferred at the April 10, 2024 Committee of Adjustment Hearing) LD 01/24, MV 19/24 & MV 25/24 A. Turner & L. Warwick 851 Oklahoma Drive
Consent Application LD 01/24
The purpose of the application is to permit the severance of a 542.14 square metre parcel of land (Part 1), retaining a 558.53 square metre parcel of land (Part 2). The
existing dwelling is proposed to be retained on the retained parcel (refer to Exhibit 2 contained in the staff report to the Committee of Adjustment, dated May 8, 2024).
Part 3 and Part 4 will be conveyed to the City for public ownership. Part 3 represents a 5.0 metre corner rounding to be established as a public highway and Part 4 represents a 0.3 metre reserve. The purpose of the reserve is to restrict access to Oklahoma Drive.
Requested Variances
MV 19/24 – (Retained Parcel – Part 2)
The applicant requests relief from Zoning By-law 2511, as amended by By-laws 7610/18, 7872/21, 7873/22 and 7900/22, as it relates to retaining the existing dwelling
on the retained lot, to permit:
• a minimum rear yard setback of 2.0 metres, whereas the By-law requires a minimum rear yard setback of 7.5 metres;
Committee of Adjustment Hearing Minutes Wednesday, May 8, 2024 7:00 pm Electronic Hearing
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• a maximum front yard setback of 11.2 metres, whereas the By-law permits a maximum front yard setback of 9.94 metres;
• a maximum dwelling depth of 25.7 metres, whereas the By-law permits a maximum dwelling depth of 17.0 metres for lots with depths up to and including 40.0 metres;
• a maximum lot coverage of 49.3 percent, whereas the By-law permits a maximum lot
coverage of 33 percent; and
• an uncovered platform (deck) to project a maximum of 4.0 metres into the front yard, a maximum of 2.0 into the rear yard, and a maximum of 1.5 metes into the south side yard, whereas the By-law permits uncovered steps or platforms not exceeding
1.0 metre in height above grade and not projecting more than 1.5 metres into any
required front yard, not more than 1.0 metre into any required side yard.
MV 25/24 – (Severed Parcel – Part 1)
The applicant requests relief from Zoning By-law 2511, as amended by By-laws 7610/18, 7872/21, 7873/22 and 7900/22, as it relates to the severed lot, to permit a
minimum lot frontage of 14.94 metres, whereas the By-law requires a minimum lot
frontage of 15.0 metres.
Input from other sources were received from the Applicant, City’s Building Services Section, City’s Fire Services, City’s Engineering Services and the Region of Durham Planning and Works Departments.
In support of the application, the applicant submitted a rationale.
Bob Martindale, agent, was present to represent the application. No further representation was present in favour of or in objection to the application.
The agent commented that most of the variances proposed are technical in nature, resulting from the By-law amendments that came into effect last year. The parcel being
severed is a new lot with no current building plans. The variance for the new lot is due
to the City requiring a reserve on Oklahoma Drive. The remainder of the variances are being requested for the existing dwelling on the retained lot.
After reviewing and agreeing with the report and proposal, Denise Rundle moved the following motion:
Moved by Denise Rundle
Seconded by Rick Van Andel
That application LD 01/24 by A. Turner & L. Warwick, be Approved, subject to the following:
Committee of Adjustment Hearing Minutes Wednesday, May 8, 2024 7:00 pm Electronic Hearing
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Applicants/owners are responsible for fulfilling all conditions.
Conditions
1. That the applicant satisfies the requirements of the City Development
Department’s conditions contained in the staff report to the Committee of Adjustment, dated May 8, 2024.
2. That the applicant satisfies the requirements of the City Engineering Services Department’s memo, dated April 3, 2024.
3. That the applicant satisfies the requirements of the Regional Planning and
Economic Development Department’s letter, dated April 3, 2024.
4. That the applicant satisfies the requirements of the Regional Works Department’s letter, dated April 3, 2024..
5. That the applicant submit two copies of a registered plan on the subject parcel.
6. That the consent be subject to the following periods:
• Last day for fulfilling Conditions is May 8, 2026.
• Expiry Date of Application LD 01/24 is June 8, 2026.
Clearing Agencies
7. Prior to the signing of the certificate by the Secretary-Treasurer that the consent
has been given, the Secretary-Treasurer is to be advised in writing by the City Planning Department that Condition #1 has been carried out to its satisfaction.
8. Prior to the signing of the certificate by the Secretary-Treasurer that the consent has been given, the Secretary-Treasurer is to be advised in writing by the City
Engineering Services Department that Condition #2 has been carried out to its
satisfaction.
9. Prior to the signing of the certificate by the Secretary-Treasurer that the consent has been given, the Secretary-Treasurer is to be advised in writing by the Regional Planning and Economic Development Department that Condition #3 has been
carried out to its satisfaction.
10. Prior to the signing of the certificate by the Secretary-Treasurer that the consent has been given, the Secretary-Treasurer is to be advised in writing by Regional Works Department that Condition #4 has been carried out to its satisfaction.
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11. Prior to the signing of the certificate by the Secretary-Treasurer that the consent has been given, the Secretary-Treasurer is to be satisfied that the time periods outlined in Condition #6 have been adhered to.
Advisory Comments
1. Once all of the conditions contained in the Committee's Decision are fully satisfied by the applicant, the applicant’s solicitor must prepare and forward the legal document(s) with the applicable stamping fee to the Region of Durham Land Division Committee office, to the attention of the Secretary-Treasurer for review
and approval with stamping. The document(s) will be returned to the solicitor for registration purposes. Failing receipt by the Secretary-Treasurer of the Deed Package by the requisite date, the application shall be deemed expired and shall lapse.
That application MV 19/24 by A. Turner & L. Warwick, be Approved on the grounds
that the requested variances are minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and Zoning By-law, subject to the following conditions:
1. That these variances apply only to the retained dwelling, as generally sited and outlined on the applicant’s submitted plan (refer to Exhibit 3 contained in the staff
report to the Committee of Adjustment, dated May 8, 2024).
2. Should the retained dwelling be demolished, this decision shall become null and void.
That application MV 25/24 by A. Turner & L. Warwick, be Approved on the grounds that the requested variance is minor in nature, desirable for the appropriate
development of the land, and in keeping with the general intent and purpose of the Official Plan and Zoning By-law, subject to the following condition:
1. That these variances apply only to the severed lot (Part 1), as generally sited and outlined on the applicant’s submitted plans (refer to Exhibit 4 contained in the staff report to the Committee of Adjustment, dated May 8, 2024).
Carried Unanimously
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5.3 LD 05/24 J. Brancato 518 Rosebank Road
The purpose of the application is to permit the severance of a 847.2 square metre parcel of land (Part 1), retaining a 2,864.0 square metre parcel of land (Part 2). The existing dwelling is proposed to be retained on the retained parcel (refer to Exhibit 2
contained in the staff report to the Committee of Adjustment, dated May 8, 2024).
The effect of the application is to create one new lot fronting Rosebank Road and retain a residential lot with an existing detached dwelling. Any existing buildings and structures on the severed lands are proposed to be removed.
Input from other sources were received from the City’s Building Services Section, City’s
Fire Services, City’s Engineering Services, and the Region of Durham.
Jim Brancato, applicant, was present to represent the application. Two area residents were present to speak on the application.
The applicant stated he has read the conditions of approval in Appendix I & II of the staff report and has no objections.
An area resident questioned the proposal and whether all options have been explored in regards to severing the land, because the current proposal will greatly change the frontage of the road close to his property, and the character of the neighborhood.
In response to the concerns from the area resident, the applicant stated the existing house will stay as it is. The lot beside it is very large, a new house will eventually be
built on that lot, however the house plans have not yet been designed. LD 06/24 will be joined to 518 Rosebank Road, which will continue the street further north.
In response to a question from a Committee member, the applicant confirmed a garage can be built in front of the house on the retained lot, for parking, in conformity with the zoning by-laws.
In response to a question from a Committee member, the Secretary-Treasurer clarified Conditions #3 and #8.
In response to a question from a Committee member, the Secretary-Treasurer commented that the Official Plan identifies a future road connection for Maitland Drive.
The creation of the lot fronting onto Rosebank Road would not preclude the connection
of Maitland Drive. LD 06/24 is intended to consolidate parcels of land for the future completion and extension of Maitland Drive.
A Committee member referenced the Provincial Policy Statement.
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With respect to the Planning Act, Denise Rundle moved the following motion:
Moved by Denise Rundle Seconded by Omar Ha-Redeye
Applicants/owners are responsible for fulfilling all conditions.
That application LD 05/24 by J. Brancato, be Approved as applied for, as it generally complies with all applicable plans and policies, subject to:
Conditions
1. That the applicant satisfies the requirements of the City Development
Department’s amended conditions contained in the staff report to the Committee of Adjustment, dated May 8, 2024.
2. That the applicant satisfies the requirements of the City Engineering Services Department’s memo, dated April 25, 2024.
3. That the applicant satisfies the requirements of the Regional Planning and
Economic Development Department’s letter dated May 6, 2024.
4. That the applicant submit two copies of a registered plan on the subject parcel.
5. That the consent be subject to the following periods:
• Last day for fulfilling Conditions is May 8, 2026.
• Expiry Date of Application LD 05/24 is June 8, 2026.
Clearing Agencies
6. Prior to the signing of the certificate by the Secretary-Treasurer that the consent has been given, the Secretary-Treasurer is to be advised in writing by the City
Planning Department that Condition #1 has been carried out to its satisfaction.
7. Prior to the signing of the certificate by the Secretary-Treasurer that the consent has been given, the Secretary-Treasurer is to be advised in writing by the City Engineering Services Department that Condition #2 has been carried out to its satisfaction.
8. Prior to the signing of the certificate by the Secretary-Treasurer that the consent has been given, the Secretary-Treasurer is to be advised in writing by the Regional Planning and Economic Development Department that Condition #3 has been carried out to its satisfaction.
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9. Prior to the signing of the certificate by the Secretary-Treasurer that the consent has been given, the Secretary-Treasurer is to be satisfied that the time periods outlined in Condition #6 have been adhered to.
Advisory Comments
1. Once all of the conditions contained in the Committee's Decision are fully satisfied by the applicant, the applicant’s solicitor must prepare and forward the legal document(s) with the applicable stamping fee to the Region of Durham Land Division Committee office, to the attention of the Secretary-Treasurer for review
and approval with stamping. The document(s) will be returned to the solicitor for registration purposes. Failing receipt by the Secretary-Treasurer of the Deed Package by the requisite date, the application shall be deemed expired and shall lapse.
Carried Unanimously
5.4 LD 06/24 F. Gallo & M. Molinaro 523 Oakwood Drive
The purpose of the application is to permit the severance of a 1,844.9 square metre portion of land in order to convey it to the abutting property to the east, municipally known as 518 Rosebank Road. A 2,851.1 square metre parcel of land is proposed to be retained. The existing dwelling is proposed to be retained on the retained parcel (refer to Exhibits 2 & 3 contained in the staff report to the Committee of Adjustment, dated May 8,
2024).
Input from other sources were received from the City’s Building Services Section, Fire Services, City’s Engineering Services, and the Region of Durham.
Frank Gallo, applicant and Jim Brancato, agent, were present to represent the application. No further representation was present in favour of or in objection to the
application.
In response to a question from a Committee member, the agent commented that he will be applying for a Plan of Subdivision proposing to extend the street to create two lots on each side of the road.
With respect to the Planning Act, Denise Rundle moved the following motion:
Moved by Denise Rundle Seconded by Rick Van Andel
Applicants/owners are responsible for fulfilling all conditions.
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That application LD 06/24 by M. Molinaro, be Approved as applied for, as it generally complies with all applicable plans and policies, subject to:
Conditions
1. That the applicant satisfies the requirements of the City Development Department’s conditions contained in the staff report to the Committee of Adjustment, dated May 8, 2024.
2. That the applicant satisfies the requirements of the City Engineering Services Department’s memo dated April 25, 2024.
3. That the applicant satisfies the requirements of the Regional Planning and Economic Development Department’s letter dated May 7, 2024.
4. That the applicant submit two copies of a registered plan on the subject parcel.
5. That the consent be subject to the following periods:
• Last day for fulfilling Conditions is May 8, 2026.
• Expiry Date of Application LD 06/24 is June 8, 2026.
Clearing Agencies
6. Prior to the signing of the certificate by the Secretary-Treasurer that the consent
has been given, the Secretary-Treasurer is to be advised in writing by the City
Planning Department that Condition #1 has been carried out to its satisfaction.
7. Prior to the signing of the certificate by the Secretary-Treasurer that the consent has been given, the Secretary-Treasurer is to be advised in writing by the City Engineering Services Department that Condition #2 has been carried out to its
satisfaction.
8. Prior to the signing of the certificate by the Secretary-Treasurer that the consent has been given, the Secretary-Treasurer is to be advised in writing by the Regional Planning and Economic Development Department that Condition #3 has been carried out to its satisfaction.
9. Prior to the signing of the certificate by the Secretary-Treasurer that the consent has been given, the Secretary-Treasurer is to be satisfied that the time periods outlined in Condition #6 have been adhered to.
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June 12, 2024
Advisory Comments
1.Once all of the conditions contained in the Committee's Decision are fully satisfiedby the applicant, the applicant’s solicitor must prepare and forward the legal
document(s) with the applicable stamping fee to the Region of Durham LandDivision Committee office, to the attention of the Secretary-Treasurer for reviewand approval with stamping. The document(s) will be returned to the solicitor forregistration purposes. Failing receipt by the Secretary-Treasurer of the DeedPackage by the requisite date, the application shall be deemed expired and shall
lapse.
Carried Unanimously
6.Adjournment
Moved by Omar Ha-RedeyeSeconded by Denise Rundle
That the 5th hearing of the 2024 Committee of Adjustment be adjourned at 8:28 pm.
Carried Unanimously
__________________________ Date
Chair
Assistant Secretary-Treasurer
Please note the Committee of Adjustment Hearings are available for viewing on the City of Pickering YouTube channel https://www.youtube.com/user/SustainablePickering
Original Signed By
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Original Signed By
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